Subgrupo nº 2: Perspectiva sobre los profesores creativos y su

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Article 45 Examination by an Immigration Inspector

1 An immigration inspector shall, when he/she has taken delivery of a suspect

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pursuant to the provisions of the preceding Article, promptly examine whether the suspect falls under the category of an alien subject to deportation alien who falls(

under any of the items of Article 24 but does not fall under the category of an alien subject to a departure order; the same shall apply hereinafter .)

2 The immigration inspector shall, in the event that he/she has held the

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examination set forth in the preceding paragraph, prepare a record thereof.

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Article 46 Burden of Proof on the Suspect

Any suspect subject to the examination set forth in the preceding Article, when he/she is suspected of falling under any of items i( ) (except for the part pertaining to Article 3, paragraph 1 , item ii , or ii in Article 24, shall have the burden of( ) ( )) ( )

proof to establish that he/she does not fall under the item.

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Article 47 Procedures after Examination

1 An immigration inspector shall immediately release a suspect when he/she has

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found, as a result of examination that the suspect does not fall under any of the items of Article 24.

2 When an immigration inspector finds, as a result of examination, that the

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suspect falls under the category of an alien subject to a departure order, he/she shall promptly notify a supervising immigration inspector of the findings. In this case, if the suspect has been given a departure order pursuant to the provisions of Article 55-3, paragraph 1 , the immigration inspector shall immediately release( )

the suspect.

3 When an immigration inspector finds, as a result of examination, that the

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suspect falls under the category of an alien subject to deportation, he/she shall promptly notify a supervising immigration inspector and the suspect of his/her findings in writing together with the statement of grounds for such findings.

4 When the immigration inspector submits the notice set forth in the preceding

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paragraph, he/she shall notify the suspect that the suspect may request a hearing pursuant to the provisions of Article 48.

5 In the case referred to in paragraph 3 , if the suspect has no objection to the

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findings, the supervising immigration inspector shall, after having the alien sign a document with a statement that he/she will not request a hearing, promptly issue a written deportation order pursuant to the provisions of Article 51.

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Article 48 Hearing

1 Any suspect who has received the notice set forth in paragraph 3 of the

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preceding Article may, if he/she has an objection to the findings set forth in the same paragraph, orally request a special inquiry officer for a hearing within 3 days from the date of notice.

2 An immigration inspector shall, when a request has been made for the hearing

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set forth in the preceding paragraph, submit the record set forth in Article 45, paragraph 2 and other pertinent documents to a special inquiry officer.( )

3 The special inquiry officer shall, when a request is made for the hearing set

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forth in paragraph 1 , promptly notify the suspect of the time and place of the( )

hearing and conduct the hearing.

4 The special inquiry officer shall, when a hearing is held as set forth in the

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preceding paragraph, prepare a record of the hearing.

5 The provisions of Article 10, paragraphs 3 to 6 shall apply mutatis

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mutandis to the proceedings of the hearing set forth in paragraph 3 .( )

6 When a special inquiry officer finds, as a result of the hearing, that the findings

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set forth in paragraph 3 of the preceding Article are not supported by factual( )

evidence limited to cases where the suspect does not fall under any of the items of(

Article 24 , he/she shall immediately release the suspect.)

7 When a special inquiry officer finds, as a result of the hearing, that the findings

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set forth in paragraph 3 of the preceding Article are not supported by factual( )

evidence limited to cases where the suspect falls under the category of an alien(

subject to a departure order , he/she shall promptly notify a supervising)

immigration inspector of the findings. In this case, if the suspect has been given a departure order pursuant to the provisions of Article 55-3, paragraph 1 , the( )

immigration inspector shall immediately release the suspect.

8 When a special inquiry officer finds, as a result of the hearing, that there is no

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error in the findings set forth in paragraph 3 of the preceding Article, he/she( )

shall promptly notify the supervising immigration inspector and the suspect to that effect, and at the same time notify the suspect that the suspect may file an objection pursuant to the provisions of Article 49.

9 If the suspect, upon receipt of the notice set forth in the preceding paragraph,

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has no objection to the findings set forth in the same paragraph, the supervising immigration inspector shall have him/her sign a document with a statement that he/she will not file an objection and promptly issue the written deportation order

pursuant to the provisions of Article 51.

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Article 49 Filing of an Objection

1 Any suspect, upon receipt of the notice set forth in paragraph 8 of the

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preceding Article, may, in cases where he/she has an objection to the findings set forth in the same paragraph, file an objection with the Minister of Justice by submitting to a supervising immigration inspector, within 3 days from the date of receipt of the notice, a written statement containing the grounds for his/her complaint in accordance with the procedures provided for by a Ministry of Justice ordinance.

2 When the objection set forth in the preceding paragraph has been filed, a

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supervising immigration inspector shall submit to the Minister of Justice a record of the examination set forth in Article 45, paragraph 2 , and a record of the( )

hearing set forth in paragraph 4 of the preceding Article, and other pertinent( )

documents.

3 When the Minister of Justice has received the objection filed pursuant to the

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provisions of paragraph 1 , he/she shall determine whether the objection is with( )

reason and notify a supervising immigration inspector of his/her determination. 4 The supervising immigration inspector shall, upon receipt of a notice from the

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Minister of Justice of his/her determination that the objection is with reason limited to cases where the suspect does not fall under any of the items of Article

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24 , immediately release the suspect.)

5 When the supervising immigration inspector receives from the Minister of

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Justice a notice of the determination that the objection has been found to be with reason limited to the cases where the suspect falls under the category of an alien(

subject to a departure order , the supervising immigration inspector shall, when)

issuing a departure order to the suspect pursuant to the provisions of Article 55-3, paragraph 1 , immediately release the suspect.( )

6 The supervising immigration inspector shall, if he/she has received from the

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Minister of Justice a notice of the determination that the objection is without reason, promptly notify the suspect to that effect and issue a written deportation order pursuant to the provisions of Article 51.

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Article 50 Special Cases of Determination by the Minister of Justice

1 The Minister of Justice may, even if he/she finds that the objection filed is

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without reason, in making the determination set forth in paragraph 3 of the( )

preceding Article, grant the suspect special permission to stay in Japan if the suspect falls under any of the following items:

i He/She has obtained permission for permanent residence.

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ii He/She has had in the past a registered domicile in Japan as a Japanese

national.

iii He/She resides in Japan under the control of another due to trafficking in

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persons.

iv The Minister of Justice finds grounds for granting special permission to stay,

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other than the previous items.

2 In the case referred to in the preceding paragraph, the Minister of Justice may

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impose conditions, which he/she may deem necessary such as on the period of stay, pursuant to the provisions of a Ministry of Justice ordinance.

3 The permission set forth in paragraph 1 shall be regarded as a determination

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that the objection filed is with reason with respect to the application of paragraph 4 of the preceding Article.

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In document Relevancia de la creatividad en el proceso de enseñanza-aprendizaje (página 67-74)